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R 3734 REsoLuTION NO. 3734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE ANNUAL STRAWBERRY FESTIVAL, MAY 29-30, 2004 WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA), organizers of the Strawberry Festival, have requested closure of certain City streets and the use of City property as outlined below, for the purpose of craft exhibits, displays, food booths and entertainment, and similar activities; and WHEREAS, members of the AGVIA will be responsible for traffic control, cleanup, and payment of all related fees and costs for use of City property and City employee time related to the event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the Arroyo Grande Village Improvement Association is hereby granted the use of certain City streets and property as follows: Strawberry Festival - Saturday & Sunday, May 29 & 30, 2004 A. "No ParkingfTow Away Zone" in the following areas in the City of Arroyo Grande for the period of 6:00 am to 6:00 pm, Saturday, May 29 and Sunday, May 30, 2004: both sides of Branch Street (Highway 227) from Traffic Way to Mason Street; Bridge Street . from Branch Street to Traffic Way; Nelson Street from Traffic Way to Mason Street; Mason Street from Poole Street to Le Point Street; and Poole Street from Traffic Way to Mason Street. B. "No ParkingfTow Away Zone" for fire/emergency access in the following areas in the City of Arroyo Grande for the period of 6:00 am to 6:00 pm, Saturday, May 29 and Sunday, May 30, 2004: both sides of Nevada Street from Branch Street to Le Point Street; Le Point Street from Nevada Street easterly through the Tally Ho curve; Crown Terrace from Crown Hill Road to Le Point Street; and East Branch Street from Garden Street to Huasna Road. C. The closure of Branch Street from Traffic Way to Mason Street from 6:00 am to 6:00 pm on Saturday, May 29 and Sunday, May 30, 2004. (This will require the Police Department to apply to CalTrans for street closure authorization). D. The closure of Short Street from Branch Street to Olohan Alley from 6:00 pm Friday, May 28, 2004 to 6:00 pm Sunday, May 30, 2004. E. The closure of Bridge Street from Branch Street to the driveway at McLintock'sparking lot from 6:00 am Saturday, May 29, 2004 to 6:QO pm Sunday, May 30, 2004. RESOLUTION NO. 3734 PAGE 2 .F. The closure of Bridge Street from McLintock's driveway to Nelson Street from 6:00 am to 6:00 pm, Saturday, May 29, 2004 and Sunday, May 30, 2004. G. The closure of Bridge Street from Nelson Street to Traffic Way from 6:00 am Saturday, May 29, 2004 to 6:00 pm Sunday, May 30, 2004. H. The closure of Nelson Street from Mason Street to Traffic Way from 6:00 am to 6:00 pm on Saturday, May 29, 2004 and Sunday, May 30,2004. I. The use of the parking lots along Olohan Alley from Mason Street to Bridge Street from 6:00 pm Friday, May 28, 2004 to 6:00 pm Sunday, May 30, 2004. J. The use of the Car Corral parking lot from 10:00 pm Friday, May 28, 2004 to 6:0.0 pm Sunday, May 30, 2004; K. The use of the grass area on Nelson Street between Mason and Short Streets from 6:00 pm Friday, May 28, 2004 to 6:00 pm Sunday, May 30, 2004. L. The use of Hart-Collett Park between Bridge Street and Traffic Way from 6:00 am to 6:00 pm on Saturday, May 29,2004 and Sunday, May 30, 2004. M. The use of the five-acre lot next to the Arroyo Grande Woman's Club on West Branch Street for shuttle bus parking on Saturday, May 29, 2004 and Sunday, May 30, 2004. 2. That the AGVIA will adhere to all requirements and conditions of approval as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. On motion by Council Member Lubin, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Lubin, Dickens, Runels, Costello and Mayor Ferrara None None the foreg,oing Resolution was passed and adopted this 10th day of February, 2004. RESOLUTION NO. 3734 PAGE 3 ....,;. TONY M. FERRA ATTEST: . DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~ .. ST ~DAMS. CITY MANAGER APPROVED AS TO FORM: 0..-- TI Y J. CARMEL. CITY ATTORNEY . . RESOLUTION NO. 3734 . PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 04-001 STRAWBERRY FESTIVAL (May 29-30, 2004) General Conditions 1 . The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The. event shall occur in substantial conformance with the application and plans on file in the Community Development Department office. 3. The event organizers shall comply with all the conditions of the City Council Resolution adopted on February 10, 2004. (Reference attachment.) 4. The applicant shall agree to defend, indemnify and hold the City harmless, at his/her/its sole expense from any action brought against the City, its agents, officers, or employees because of said approval, or in the alternative, to relinquish such . approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligation~ under this condition. Parks. Recreation and Facilities Department Conditions 5. The event organizers shall notify the Parks and Recreation Department of the number and placement of waste containers and barricades prior to May 24, 2004. 6. AGVIA is responsible for providing trash bags and restroom supplies for the festival. Any supplies the Parks and Recreation Department may need to provide will need to be reimbursed by AGVIA. 7. The event organizers shall have an individual designated to periodically inspect the restrooms and areas around the food vendors and waste containers. That individual shall be responsible for maintaining the cleanliness of these areas and gathering and disposing of all debris. 8. The event organizers shall reimburse the. City for electrical .costs associated with special events. Specifically, costs for the outlets by the gazebo, Bridge St., and behind City Hall shall be reimbursed. 9. The event organizers shall reimburse the City for the costs of any Parks and Recreation City services required for this event, including, but not limited to, restroom maintenance, trash, etc. . 10. The event organizers shall remove any tape placed on streets and parking areas after the event. Public Works Department Conditions 11. . Restroom facilities, barricades, signing and detour routes shall be provided by the applicant as required. 12. The event organizers shall place an advertisement in the Five Cities Times-Press Recorder just prior to the event to advise residents of street closures. RESOLUTION NO. 3734 PAGE 5 13. The event organizers shall provide a $1,000,000.00 insurance policy naming the City as additional insured. 14. . The event organizers shall reimburse the City for the costs of Public Works services and any other City services required for this event. 15. The event organizers shall contact the Public Works Department 72 hours prior to the . event to check on the status of street maintenance/construction activities. The Public Works Department may require the event organizers to provide temporary construction (orange plastic) fencing around areas designated as potentially hazardous. Buildina and Fire Deoartment Conditions 16. All food booths (cooking) must comply with the Fire Department guidelines, and must have County Health Department approval. AGVIA will inform booth applicants of Fire Department guidelines, and will ensure total compliance of booth operators. AGVIA will not allow non-compliant booths to operate. 1 7. The project shall comply with the most recent edition of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of the N.E.C. must be met. 18. The Building and Fire Department must inspect all food booths, generators and temporary electrical service prior to the opening of the event. In lieu of requiring a building permit for temporary electrical service, AGVIA will collect a fee of $15 per every booth utilizing an electrical connection. This fee will be itemized by booth . number and submitted to the Department of Building and Fire within 15 days of the end of the Festival. 1 9. Emergency access must be maintained to the satisfaction of the Director of the Building and Fire Department. A detailed chart or map will be provided to the Department of Building and Fire for approval prior to the event, showing placement of all booths, to include actual dimensions of access pathways for fire apparatus and emergency vehicles. 20. Per the approval of the Fire Chief, there will be ambulance service dedicated to the event. 21 . The use of generators must be reviewed and approved by the Director of the Building and Fire Department. 22. All fire lanes must be posted and enforced in accordance with Police and Fire Department guidelines. Fire lanes and access must be approved by the Fire Chief. 23. The applicant shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. 24. Prior to opening the event, the fire access road shall be posted. The applicant shall provide continuous enforcement of the fire access road during the event. 25. AGVIA will coordinate with and be responsible for costs associated with San Luis Ambulance to provide standby personnel and equipment for Bike Medic and golf cart . transport for entire duration of Festival. 26. AGVIA shall pay Department of Building and Fire costs for members and equipment assigned to the event. RESOLUTION NO. 3734 PAGE 6 Police Deoartment Conditions 27. The event organizers shall pay Police Department costs for officers assigned to the event. 28. All temporary "No Parking" signs shall be posted a minimum of 24 hours prior to event setup (by 6:00 am, Friday, May 28,2004). 29. A minimum offour (4) private "licensed" security personnel will be provided by AGVIA. AGVIA will present to the Arroyo Grande Police Department two (2) weeks prior to the event: a. The name of the security agency b. A schedule of security coverage c. Location and hours of security assignments Minimum required security is one '(1) officer stationed at Nelson & Bridge Street, two (2) officers assigned to the Swinging Bridge, and one (1) officer for patrol throughout the evening hours on Saturday, May 29, 2004. 30. Failure to provide private licensed security will result in AGPD Officers being assigned with expenses billed to the AGVIA. Soecial Conditions 31 . Notification of all streets subject to closure must be posted a minimum of 24 hours prior to closure, stating the dates and times of closures. 32. The AGVIA shall distribute State Board of Equalization forms to all vendors to report the sales tax collected during the Festival, and shall notify them that a list of vendors will be supplied to the City to verify payment of sales tax. 33. The AGVIA shall provide to the City's Financial Services Department a list of all vendors participating in the festival. The list will be used to verify that sales tax was collected and reported as earned in Arroyo Grande. , RESOLUTION NO. 3734 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3734 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of February, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of February, 2004. /lu tlVWfK- ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK